Intestacy FAQs
What happens if I die without a will?
The intestacy rules decide who inherits, in a rigid legal order that ignores your wishes entirely. In England and Wales, a surviving spouse takes the first £322,000 plus personal possessions and half the remainder, with children sharing the other half. No spouse? The estate passes down a fixed chain: children, parents, siblings, and onward. You lose all say in the outcome.
Do unmarried partners inherit?
No · nothing. "Common-law spouse" does not exist in inheritance law. A partner of 30 years receives zero under intestacy, however long you cohabited or however many children you share. Their only route is a costly, uncertain Inheritance (Provision for Family and Dependants) Act claim through the courts. For unmarried couples, a will is not optional · it is the only protection.
What is the statutory legacy?
With children, the surviving spouse receives a fixed statutory legacy of £322,000 plus all personal chattels, then half of anything above; the children share the rest. If the estate is under £322,000, a spouse with children still takes everything. This calculator applies the current £322,000 threshold.
Who inherits with no spouse or children?
A strict order: parents → brothers and sisters (a deceased sibling's children take their share) → half-siblings → grandparents → aunts and uncles. If genuinely no relatives can be traced, the estate goes to the Crown as bona vacantia · which happens more often than people expect.
Does jointly owned property pass under intestacy?
Usually not. Property held as joint tenants passes automatically to the surviving co-owner by survivorship · outside intestacy and outside any will. Property held as tenants in common does pass under intestacy. Couples often do not know which they have; it can decide whether a home passes to a partner or into a family dispute.
For informational purposes only · Not legal advice · England & Wales intestacy rules, statutory legacy £322,000 · Scotland and Northern Ireland differ significantly · Jointly-owned (joint tenant) assets pass outside these rules · Make a will · this tool shows why